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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12627
Experience:  Significant experience in all areas of employment law.
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I was terminated from my job today a clinical director, I would

Customer Question

I was terminated from my job today a clinical director, I would like to fight it but don't know how... A month ago my regional director came to the clinic and had given me a written warning for a incident that a staff member stated I yelled at her infront of staff. I explained the situation and yes I raised my voice but did not yell and the second staff member explained it was not the way it was told I raised my voice but not in a yelling manner just to get everyones attention. I could not tell my side of the story every time I tried I was hushed. The HR rep was not on the call either to confirm the situation, I was unable to correspond to the decision.
After that incident I have been singled out and had to hide so the other employees which are personal friends of the RD wouldn't make trouble. I couldnt do my job out of fear and employees where doing the same incidents that I was written up for continually but never reprimanded.
Today the Senior Director came to the clinic called the RD and told me that my communication has lacked since last time the RD visited, and they were terminating me. My communication has not improved out of fear and I've told the RD multiple times of co-worker threatening to call her or higher on everything that I say.
I made daily notes of all the situations in the clinic but the Senior Director would not let me get them even though it was a word documnent not company materials. I was escorted out like a criminal with the senior Director 3 inches away from me and she watched and made sure I left. I didnt do anything to deserve this my job history is impeccable.
I know I'm being singled out because the 2 staff members making issues and friends of the RD have never been written up or talked to about the issues they were doing. They refuse to hear my side of the situation
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. I am very sorry to hear about this unfair termination. I know it's not what you want to hear, but the general rule in all states but Montana is that employment is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. Thus, it is perfectly legal for an employer to terminate an employee based on the false belief that they were yelling or that their communication was poor. Employers do not have any legal obligation to listen to the employee's side of the story or to ensure the veracity of an allegation. It also isn't illegal to be singled out because the staff members who made the accusations about you were personal friends of your employer. Only if you could prove that you were being singled out because of a legally protected trait such as your race would you have any recourse. Otherwise, as an at will employee, your employer doesn't need a reason to terminate you, let alone a good or fair one, and all you can do is attempt to reason with them that your termination should be reconsidered. What is perhaps the only silver lining is that you should be eligible for unemployment benefits as you seek new employment. I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 1 year ago.
Was I able to answer your question here? Please let me know if there is anything more I can do....
Expert:  Patrick, Esq. replied 1 year ago.
Can you please let me know if you are receiving my messages?

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